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(영문) 대구지방법원 서부지원 2017.03.23 2016고단2732
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2016, the Defendant: (a) heard the horses from the victim F, who was on the side table table, that “breathly drinking” while drinking alcohol in the E restaurant located in Daegu-gu, Seo-gu, Seo-gu, the Defendant: (b) 19:00, followed the victim F, who was on the side table, and caused the victim’s hair by drinking the breath, which was a dangerous object on the table, and caused the victim’s head by putting the victim’s head at one time, and causing the victim’s head, which was unable to identify the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or F;

1. Application of Acts and subordinate statutes to the offender's place, origin report and photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is not subject to the sentencing guidelines.

It is highly likely to be criticized as a very dangerous act to get the head of a victim due to a small-scale illness, which is a dangerous thing for the defendant, and the fact that the wife suffered from the disease is not less than that of the victim is disadvantageous to the defendant.

It is a contingent crime, the victim is partly responsible for the background of the occurrence of the crime, the victim does not want the punishment by agreement with the victim, and the support of the parent is a favorable condition for the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

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